sainsburys credit card CCA return - now sold to cabot

[firstship]

HI...

.HELP NEEDED...

......RECEIVED letter from HL Legal Solicitors on behalf of Capquest,,,,

,,,May take you to court etc.....

 

........am I correct that HL and Capquest are one of the same.

 

To save lots of reading Halifax are in default of CCA and in breach of DSAR and have confirmed to me in writing that all data they hold has been supplied,

 

that was 10 months ago,

 

still no agreement of any nature not even a Recon agreement ,

 

I wrote to Capquest saying Halifax account in dispute and breach

 

,they are not allowed to use a 3rd party to annoy me,

 

there must be a letter format that I can send to HL any ideas Please......

..........thanks.....FS

[maroondevo52]

Hi, firstship.

 

This one should do...................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[firstship]

Maroondevo52..................thanks as always appreciate your help,are Capquest and HL same company???????????????FS

[maroondevo52]

Yes, sure they are.

[firstship]

Thanks again....FS

 

Hi.

 

 

received a very detailed letter from Capquest explaining how to answer their phone calls and how I should answer their security questions,

and why,very interesting...

........did not reply......

 

 

........received 2nd letter from HL/Capquest after sending Maroondevo52s letter.

... their letter states,

 

 

sorry did not realise there was a dispute with Halifax,

they have closed the file,

now back to Halifax and perhaps another DCA,

thanks again Maroondevo52.

 

 

This dispute goes back 17 months and getting nowhere fast,

 

 

am I missing something for it to go on so long,

 

 

there ought to be a limit to how long OCs can play silly soooooooods and not produce a copy of signed agreement etc?????????????????FS

 

Hi.all...............still not any form of communication from Halifax,is it just sit tight and wait or?????????????....FS

 

Now had a 2nd letter from Capquest stating they no longer administer the account due to the dispute with Halifax.......

...........Halifax have been very quiet for over 2 months,

the lull before the storm,or maybe they have given up..

...I doubt it....................

....FS

 

They have now passed this on to Westcot,

will send them the usual letter send it back to Halifax as the account is still in dispute and Halifax have confirmed in writing they do not have an agreement,.........

..............What are Wescot Like??????????????

??????any offers......FS

 

Question......

 

......when a debt is sold to another company

 

does the new debt owner have to produce a new agreement.

 

I ask this question as my non legal mind would assume the names on the agreement would be incorrect

 

and make the old agreement unenforceable??????????

 

?????comments please,,,,,,,,,,,,,,

 

,,,,,,,FS

[rebel11]

Hi firstship

 

It doesn't work that way, they assign the debt, transfer it over legally. The original agreement is still in force. If only that was the way of the world.

[firstship]

Rebel................thanks for your reply, if only?.............FS

[firstship]

Read a number of threads involving Wescot,

 

 

any views on what they are like in general?????????????????????......FS

 

Had a reply from Wescott,

 

 

stating they will investigate the account in dispute,

 

 

and SAR breach and all recovery action will be put on hold.

 

 

Got to say I am getting with DCAs going down this route

 

 

and then passing it back to OC,

 

 

3 strikes and out should be applied or some such ruling its all a total time wasting exercise for every body concerned..................FS

[maroondevo52]

Hi, FS.

 

I've never had any dealings with Westcott myself, thank god, lets see what their investigations throw up !!

[Dotty50]

Hi Firstship,

 

Still here subbing but can't offer any advice really, it's just one big merry go round really but at what point does it stop so that we can get off?

 

Not for a while, me thinks!

[firstship]

Maroon and Dotty Hi......................thanks for your responses,just gonna have to wait and see what their investigations produce,and get on the merry go round again......thankyou.................FS

[firstship]

had 2 letters from Westcot they have now referred it back to Halifax...........FS

 

What is my next move

Wescot state they have been in touch with Halifax

who confirm they have supplied all documents that where required,CCA s78 still in Dispute

(no signed agreement or recon; no application form)

 

 

SAR lots of statements etc.

no agreement or application form which I asked for.

 

 

I have advised Wescot that they should not be dealing with this as the accounts in default,is this the correct or is there some other form of letter that I could send..................FS

 

Happy new year to all...............

............

....BUMP......

......to the above.................

....was thinking of a Prove It letter.........................FS

 

MY 22nd December thread any body any thoughts on next move????????????????????.............FS

[minmoo]

I get the impression at this point they are just trying to wear you down.Court would have happened if they could of surely. I would probably just keep sending the bogof letters to any new dca that comes along. Just keep counting down to that SB date

[Dotty50]

Hi Firstship,

 

I would just write back to Wescot and tell them that you have not been supplied with the documentation required under your s78 request and if Halifax have told them that they have, then perhaps they would be good enough to obtain copies of the correspondence that was sent to you.

[firstship]

Minmoo and Dotty50.....

.........thanks for your replies,

will follow both your advices,

yes I am getting fed up with the Various DCAs as you can imagine so another letter back to Westcot is a good idea...........

..............thankyou both very much.....

.........FS

 

SERIOUS QUESTION........

....IF THE CCA REQUEST WAS MADE 2 YEARS OR MORE AGO AND AS IN THIS CASE HALIFAX THE ACCOUNT PUT INTO DISPUTE ( EXAMPLE FEBRUARY 2009)

 

 

DOES THE NEWISH CURRENT LEGISLATION COME INTO FORCE OR IS THE DISPUTE COVERED BY THE LEGISLATION IN FORCE AT THE TIME OF THE DISPUTE????????????????..thanks FS

 

Have posted this in Halifax

 

but in my own case covers a number of CC companies,

 

sent account in dispute letters February 2009

 

and been playing letter ping pong ever since.

 

DOES CURRENT LEGISLATION APPLY OR ARE THE ACCOUNT IN DISPUTES COVERED BY THE LEGISLATION

 

IN FORCE AT THE TIME OF THE ACCOUNT IN DISPUTE LETTER?????????....

 

.thanks......FS

[harrassed senior]

Interesting point - gentle

[Halibutt]

I thought it was legislation in operation at the time the agreement with the OC was signed. There are lots of threads about "agreements taken out before 200X, 199X etc."

 

I could be wrong...

[PGH7447]

I belive it is when the agreement was taken out,

[firstship]

Foolish me got into an email exchange with Westcot....

.....now finished....

 

.However they Westcot have asked for my I&E and offer of payment and I have their assurance that my CCA and SAR have been satisfied,

 

even though I have told them on numerous occasions that Halifax admit they do not have any agreement or application form,

 

and as the dispute has been going on since 2009 ,

they are ignoring OFT guidelines,

as the 3rd party because the account remains in dispute they should not be involved,

 

they are hanging in there still trying to get me acknowledge the debt,apart from PS>OFF what letter should I send them.................FS

 

anybody any thoughts on

...........I feel this could be important should I be taken to court..

...........Westcot are just becoming annoying,

I got lazy and emailed them which was a stupid thing to do although I used my No3 email address little used............??????????????.............FS

[minmoo]

Sorry i dont know enought to help FS but do you mean with regards to reconstituted agreements?

 

Did you have a letter from the OC stating they dont have your agreement? You could send that to them.

[firstship]

Minmoo.

..Hi...

.....Halifax have put in writing they do not have an agreement or application form and I think but not sure as the Account in Dispute letter was sent 2 years ago and I have been reminding them of this fact at least once a month,

 

 

they have not bothered with a Recon Agreement.......

........However as I am unsure that is why Page of my thread

I feel it is important to get an answer........................

......all the best FS

 

Posted this in Halifax Forum no answer,,,,

 

,,,,,I MADE A CCA REQUEST JAN;2009

 

PUT HALIFAX ACCOUNT IN DISPUTE FEB;2009

AND HAVE REMINDED HALIFAX THE ACCOUNT IS STILL IN DISPUTE FOR 2 YEARS

ON A VERY REGULAR BASIS,

 

SENT SAR JUNE 2009 ,

 

HAVE A LETTER FROM HALIFAX WHICH STATES ALL DATA IN THEIR POSSESSION HAS BEEN SENT TO ME.

 

MY REPLY ON THIS BASIS YOU DO NOT HAVE AN AGREEMENT OR APPLICATION FORM,

AND I ACCEPT THIS AS YOUR ADMISSION NO AGREEMENT EXISTS, AND THEREFORE YOU ARE STILL IN DISPUTE......

 

.............MY QUESTION

 

DOES THE LEGISLATION IN PLACE IN 2009 APPLY TO THE ONGOING FIGHT WITH VARIOUS DCAs,

OR DOES THE CURRENT LEGISLATION APPLY EVEN THOUGH THE ACCOUNT HAS BEEN IN DISPUTE FOR 2 YEARS........

 

...........at some stage I GUESS I will end up in court(hope not) SO A CLEAR ANSWER TO THIS LEGAL QUESTION WILL I HOPE GIVE ME ADDED DEFENSE................added info they have not sent at any stage a Recon Agreement,which is part of the reason for asking this question..................Many Thanks.................FS

[spamheed]

Posted this in Halifax Forum no answer,,,,,,,,,I MADE A CCA REQUEST JAN;2009 WHICH PUT HALIFAX ACCOUNT IN DISPUTE AS OF FEB;2009 AND HAVE REMINDED HALIFAX THE ACCOUNT IS STILL IN DISPUTE FOR 2 YEARS ON A VERY REGULAR BASIS,

 

I SENT A SAR JUNE 2009 ,

 

I HAVE A LETTER FROM HALIFAX WHICH STATES ALL DATA IN THEIR POSSESSION HAS BEEN SENT TO ME.

 

MY REPLY ON THIS BASIS - YOU DO NOT HAVE AN AGREEMENT OR APPLICATION FORM, AND I ACCEPT THIS AS YOUR ADMISSION NO AGREEMENT EXISTS, AND THEREFORE YOU ARE STILL IN DISPUTE - If they have not supplied you with a copy of the agreement or a reconstituted version of the account then yes the account is still in dispute

 

 

MY QUESTION

 

DOES THE LEGISLATION IN PLACE IN 2009 APPLY TO THE ONGOING FIGHT WITH VARIOUS DCAs, which particular piece of legislation are you referring to?

 

OR

 

DOES THE CURRENT LEGISLATION APPLY EVEN THOUGH THE ACCOUNT HAS BEEN IN DISPUTE FOR 2 YEARS - again which piece of legislation?

 

at some stage I GUESS I will end up in court (hope not) SO A CLEAR ANSWER TO THIS LEGAL QUESTION WILL I HOPE GIVE ME ADDED DEFENSE

 

added info: they have not sent at any stage a Recon Agreement,which is part of the reason for asking this question

 

Many Thanks

FS

 

 

FS, please turn off your caps lock and try not to go overboard with the rows of........ as it makes the post difficult to read and less likely to get a response.

 

I have taken the liberty of spacing out your thread a little, but you need to clarify what legislation you are referring to with regard to it being retrospective

[diddydicky]

there is a misconception that when a creditor fails to comply with his s77/9 obligations- this entitles the debtor to "put the account in dispute" and cease payments

 

the only real sanction for the creditor in failing to comply is that he may not enforce the agreement whilst he remains in default

 

this does not prevent him reporting your conduct on the account to the CRA's nor does it prevent him from serving a DN and starting legal proceedings

 

unless your credit files are already trashed or you dont care- you should think carefully about stopping payments on the grounds of a "dispute"

 

if you are like 99% of other caggers- your purpose is to establish that the agreement is not legally enforceable- it would be foolish to pretend an agreement never existed since there will be ample proof that it did

 

getting a court to rule the debt unenforceable does not allow you to avoid the debt and it is still due and payable

 

by continually writing to the creditor and "disputing" some aspect of it- you are therefore (IMO) by inference acknowledging the debt in writing and therefore you are preventing the SB clock from starting

 

Once you have told the creditor they are in breach of s77/79 that is sufficient- after which - in basic terms- keep you gob shut!! and let the clock tick

[firstship]

spamheed

sorry you are quite correct

I go overboard at times with capitals and dots,

will mend my ways.

 

 

legislation I refer to is Mcguffick v HSBC,

my account in dispute goes back to Feb 2009 pre Mcguffick,

that is why I am asking if the legislation in force Feb 2009 applies?

and not the current legislation. thankyou FS

 

Diddydicky.

 

thanks for your reply,

 

the points you raise and are very valid,

 

I am not a no agreement will not pay Cagger.

 

Some background which is in the original Halifax thread,

 

in 2007 my interest rate increased from 15.9% to 29.9% and they reduced my credit limit which took me into an overlimit situation.

 

.I spent many letter hours asking why and getting annoyed with their vague responses, and lack of action

 

by January 2009 found this site

 

sent CCA request,

no agreement ,

put Halifax in Dispute,

 

sent SAR,

 

by September 2009 they put in writing all data in their possession had been supplied and nothing else would be forthcoming.

 

I wrote to them that they had confirmed that no agreement existed and proof of the letter which confirmed interest rate increase did not exist,

 

and unless a sensible compromise could be arranged

 

I would stop payments,

3DCAs later I am still fighting.

 

My other debts are being paid it is just Halifax that are being impossible to deal with

 

thankyou FS

[diddydicky]

thanks

 

when you say that YOU put in writing that they had confirmed no agreement existed- was that in response to them confirming in writing that no agreement existed--- or did you INFER from their refusal to supply you with the agreement that that meant it did not exist

 

i think you know whats coming next.............

 

unless THEY have told you in writing that an agreement does not exist- and this is why they cannot supply it- then you have made a false presumption

 

 

if they have not complied with their s78 obligations then they cannot enforce until the do...they CAN take you to court but not get a judgment so the response to any service of court papers would be for you to ask the court to stay the claim until such time as they complied with s78